2014 (1) TMI 1347

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.... ORDER Instant petition is directed against order of the Central Administrative Tribunal (the Tribunal) dt.17.12.2013 holding that the OA is pre mature as petitioner approached the Tribunal at the stage when show cause notice under R.19 of CCS (CCA) Rules, 1965 (Rules 1965) was served and opportunity to raise objection are available to him under the law. The facts relevant for appreciating t....

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....65 and after the evidence was led by the parties, the enquiry officer prepared its report, but no action was further taken on the enquiry officer's report by the disciplinary authority, however, on the basis of conviction by the competent court of jurisdiction under the PC Act, a show cause notice came to be served upon the petitioner under R.19 of the Rules 1965 dt.22.8.2013 and at this stage the....

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....5 more so when order of conviction was placed in July 2008 and show cause has been served upon the petitioner in August 2013 almost five years after conviction and it has come on record that his service remain unblemished and it was due to mala fide action of the department and it is very much reflected on screen can always be taken judicial notice by this Court, thus dismissal of his OA by the Tr....

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....t not attained finality and at the same time there is judicial enquiry initiated against the delinquent petitioner and the charges proved beyond doubt and in the instant case charge of corruption was instituted against the petitioner and after regular trial he has been convicted by the competent court of jurisdiction u/S.7, 13(1)(d) read with 13 (2) vide judgment dt.28.7.2008, however, on appeal b....